[Federal Register: June 2, 2005 (Volume 70, Number 105)]
[Proposed Rules]               
[Page 32282]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



Fish and Wildlife Service

50 CFR Part 20

RIN 1018-AU28

Migratory Bird Hunting; Application for Approval of Tungsten-Tin-
Iron Shot as Nontoxic for Waterfowl Hunting

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Advance notice of proposed rulemaking.


SUMMARY: The U.S. Fish and Wildlife Service (Service) hereby provides 
public notice that Nice Shot, Inc. of Albion, Pennsylvania, has applied 
for approval of 58 percent tungsten, 38 percent tin, and 4 percent iron 
shot as nontoxic for waterfowl hunting in the United States. The 
Service has initiated review of the shot under the criteria set out in 
Tier 1 of the nontoxic shot approval procedures given at 50 CFR 20.134.

DATES: A comprehensive review of the Tier 1 information is to be 
concluded by August 1, 2005.

ADDRESSES: The Nice Shot, Inc., application may be reviewed in Room 
4091 at the Fish and Wildlife Service, Division of Migratory Bird 
Management, 4501 North Fairfax Drive, Arlington, Virginia.

FOR FURTHER INFORMATION CONTACT: George T. Allen, Wildlife Biologist, 
Division of Migratory Bird Management, (703) 358-1825.

SUPPLEMENTARY INFORMATION: The Migratory Bird Treaty Act of 1918 
(Treaty Act) (16 U.S.C. 703-712) and the Fish and Wildlife Improvement 
Act of 1978 (16 U.S.C. 712) implement migratory bird treaties between 
the United States and Great Britain for Canada (1916 and 1996 as 
amended), Mexico (1936 and 1972 as amended), Japan (1972 and 1974 as 
amended), and Russia (then the Soviet Union, 1978). These treaties 
protect certain migratory birds from take, except as permitted under 
the Treaty Act. The Treaty Act authorizes the Secretary of the Interior 
to regulate take of migratory birds in the United States. Under this 
authority, the U.S. Fish and Wildlife Service controls the hunting of 
migratory game birds through regulations in 50 CFR part 20. Use of shot 
types other than those listed in 50 CFR 20.21(j)(1) for hunting 
waterfowl and coots and any species that make up aggregate bag limits 
is prohibited.
    Since the mid-1970s, the Service has sought to identify types of 
shot for waterfowl hunting that are not toxic to migratory birds or 
other wildlife when ingested. We have approved nontoxic shot types and 
added them to the migratory bird hunting regulations in 50 CFR 20. We 
will continue to review all shot types submitted for approval as 
    Nice Shot has submitted its application with the counsel that it 
contained all of the specified information for a complete Tier 1 
submittal, and has requested unconditional approval pursuant to the 
Tier 1 time frame. The Service has determined that the application is 
complete, and has initiated a comprehensive review of the Tier 1 
information. After the review, the Service will either publish a Notice 
of Review to inform the public that the Tier 1 test results are 
inconclusive or publish a proposed rule for approval of the candidate 
shot. If the Tier 1 tests are inconclusive, the Notice of Review will 
indicate what other tests will be required before we will again 
consider approval of the Tungsten-Tin-Iron shot as nontoxic. If the 
Tier 1 data review results in a preliminary determination that the 
candidate material does not pose a significant toxicity hazard to 
migratory birds, other wildlife, or their habitats, the Service will 
commence with a rulemaking proposing to approve the candidate shot.

    Dated: May 19, 2005.
Matt Hogan,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 05-10909 Filed 6-1-05; 8:45 am]